Lord Hoffmann

Lord Lamont of Lerwick: asked Her Majesty's Government:
	Whether the Lord Chancellor at any time received representations from the Lord Browne-Wilkinson and other members of the Appellate Committee about Lord Hoffmann during the case of General Pinochet; and, if so, what were those representations.

Lord Irvine of Lairg: Discussions between the Lord Chancellor and the higher judiciary, including the Law Lords, are confidential unless, as a result, any matter arises upon which a statement to the public should be made. I made two such statements in this case: first, my conclusions that the circumstances giving rise to the first decision of the Appellate Committee having to be set aside did not in my judgment call into question Lord Hoffmann's continuing membership of the Appellate Committee; and, secondly, the measures to be taken to ensure that in future there could be no repetition of these circumstances.

Speed Limit Enforcement Cameras: Type Approval

Lord Bradshaw: asked Her Majesty's Government:
	What is the length of time taken, in typical cases, for minor modifications to camera equipment used in traffic enforcement to receive type approval.

Lord Bassam of Brighton: Modifications to type approved camera equipment are assessed on a case-by-case basis bearing in mind the technical and legal implications of the modification. To quote an average period taken would be misleading, even if the information were available. A minor change to the name of the device would require a new type approval order to be drawn up and signed. Modifications such as software changes could require considerable testing by the Police Scientific Development Branch of the Home Office before type approval could be recommended. Other modifications that do not have any direct bearing on the working of the device may be approved simply by a letter to the manufacturer.

Speed Limit Enforcement Cameras: Type Approval

Lord Bradshaw: asked Her Majesty's Government:
	How many applications for type approval for camera equipment used in traffic enforcement are awaiting clearance; and how many of these have been waiting for more than three months.

Lord Bassam of Brighton: Her Majesty's Government currently hold five applications for type approval of camera equipment, four of which were received more than three months ago. The Police and Scientific Development Branch (PSDB) of the Home Office is responsible for testing and evaluating new speed camera devices. PSDB ensures that all testing is completed as quickly as is practicable so that the police have the best equipment available. But proper and rigorous testing is essential, and applicants can take time to supply the relevant documentation and meet the necessary testing standards.

Life Sentence Prisoners: Copies of Temporary Licences

Lord Avebury: asked Her Majesty's Government:
	Where copies of temporary licences issued to life sentence prisoners are kept; and whether, following unsuccessful application by a prisoner whose reference is B29411 to the Parole Board and the Lifer Unit of Her Majesty's Prison Service for a copy of a temporary licence which he is said to have breached, they will now produce a copy of this document to him.

Lord Bassam of Brighton: Copies of all temporary licences issued to life sentence prisoners are kept on file at the prisons where they are issued. A copy is also given to the prisoner for each period of release. The prisoner referred to in the Question has been given a further copy of the relevant temporary release licence.

HM Prison Wormwood Scrubs: Chief Inspector of Prisons' Report

Baroness Massey of Darwen: asked Her Majesty's Government:
	When Her Majesty's Chief Inspector of Prisons will publish the report into the follow-up inspection of Her Majesty's Prison Wormwood Scrubs of 7 to 17 February.

Lord Bassam of Brighton: Her Majesty's Chief Inspector of Prisons' report of his unannounced inspection is being published today. Copies have been made available in the Library and the Printed Paper Office.
	My noble and learned friend Lord Williams of Mostyn, the then Minister of State at the Home Office, made a Statement to the House on 28 June 1999 (Official Report, cols. 32-45), on the report of an unannounced full inspection of Wormwood Scrubs prison that had taken place in March 1999. That report made deeply disturbing reading. Sir David Ramsbotham's inspection had taken place against the background of criminal investigations into allegations that a number of members of staff at Wormwood Scrubs had assaulted prisoners. Sir David and his team of inspectors had found the overall treatment of prisoners was profoundly unsatisfactory.
	In his Statement last year, my noble and learned friend Lord Williams of Mostyn, the then Minister of State at the Home Office, said that my right honourable friend the Home Secretary had made it absolutely clear to the Director General of the Prison Service that change must be delivered at Wormwood Scrubs. My right honourable friend the Home Secretary expected a robust action plan to be put in place quickly, and my noble and learned friend Lord Williams of Mostyn, the then Minister of State at the Home Office, expected the majority of Sir David's recommendations to be accepted and implemented. My noble and learned friend Lord Williams of Mostyn, the then Minister of State of the Home Office, reported that my right honourable friend the Home Secretary had asked Sir David Ramsbotham to carry out a further inspection in six months' time and that the result would be reported to the House.
	The Chief Inspector returned to Wormwood Scrubs between 7 and 17 February this year, and his report of that inspection is published today. He found Wormwood Scrubs much improved from his previous visit. Change had taken place, and life for prisoners has improved. Prisoners felt safer, and their relationships with staff were better. Healthcare was radically improved, education had been expanded and, together with employment, could attract most prisoners into purposeful activity.
	The extent of the changes required, including substantial cultural change, inevitably takes time. Nevertheless, the Chief Inspector found that a promising start had been made and real improvements had already been delivered. The report makes 99 recommendations for further improvement, but encouragingly identifies 12 examples of good practice.
	I should like to pay tribute to all those who have contributed to this change. Senior managers at Prison Service headquarters have given the establishment both leadership and support. The Governor and his management team have tackled the problems at Wormwood Scrubs with determination and commitment, and their legitimate authority has been restored. It also gives me great pleasure to commend the staff of Wormwood Scrubs for what has been achieved. This time last year, there were serious concerns as to whether or not the Prison Officers' Association would co-operate fully with what needed to be done. Sir David notes the determination of the vast majority of staff in the prison to see Wormwood Scrubs restored to a place of excellence, known for the high quality of the treatment of, and conditions for, its prisoners.
	Staff at Wormwood Scrubs still face a difficult time. A number of staff are still suspended from duty in connection with the investigations into the allegations of assault. I understand that the first criminal trials are likely to start in the next few weeks, and this will bring further unwelcome attention on everyone connected with the establishment. Nevertheless, today's report shows how much has already been achieved in the face of these sorts of difficulties, and, with Sir David Ramsbotham, I am optimistic that the programme of improvement will be continued and completed at Wormwood Scrubs. My right honourable friend the Home Secretary is still keeping the option of market-testing open, but we believe that this report shows the kind of rapid progress he had hoped for.

Flood Control Action Plan

Baroness Gibson of Market Rasen: asked Her Majesty's Government:
	What progress the Environment Agency has made in implementing its action plan in response to the independent report on the Easter 1998 floods and whether they will report on the serious flooding in Todmorden and other areas of Northern England in early June.

Baroness Hayman: The Chairman of the Environment Agency has provided me with a report of progress up to the end of April 2000. Copies are being placed in the House Libraries.
	The Government are pleased to note that the major work programme set out in the action plan is almost complete.
	Key developments since the agency's last report, which covered the period to end of December 1999, are as follows:
	Completion of the first phase of the telemetry works resulting in an additional 109 river level gauges, 16 river flow gauges and 65 rain gauges. These will enable conditions to be monitored during flooding and the calibration of flood models.
	A concordat between the agency and the Meteorological Office has been signed to provide a framework for improved liaison and exchange of data.
	The agency has completed its programme of visual inspections of its flood defences. Local authorities have inspected between 75 per cent and 90 per cent of their defences. The remainder are scheduled for completion by September in line with the Government's High Level Targets. Defences belonging to third parties have been inspected where identified through discussions with local authorities.
	Of the 1.6 million properties within the flood plain, 1 million addresses have been identified as high risk. This will enable flood risk information and other publicity material to be better targeted within the wider flood plain.
	A letter designed to raise awareness of the flood risk to caravan sites has been produced and distributed together with a request for site owners to make visitors aware of such risks and what they should do in the event of a flood.
	The agency is producing guidelines to enable the severity and extent of flooding to be calculated on a consistent basis in order to better inform post-event surveys.
	Two activities have yet to be fully completed by the agency. These are the introduction of the new flood warning codes and revised management structures. The new flood warning codes are scheduled to be introduced on 12 September 2000. The introduction of the revised management structures will be phased during April to September 2000 in order to minimise the risk of disruption to services.
	The agency's Easter Floods Project Team has now completed its work and is to be congratulated for its efforts in delivering the action plan and meeting the priorities we set out in striving for a seamless and integrated service of flood forecasting, warning and response. The outstanding issues will be taken forward by the agency's National Flood Warning Centre. Further activity in improving flood defence will be driven by the High Level Targets that the Government set last November.
	As regards the flooding earlier this month, the Government are acutely aware of the suffering experienced by many communities in Northern England, and express the Government's sympathy to all those affected.
	We have asked the Chairman of the Environment Agency to provide a report on the flooding, by 21 July 2000, to include:
	the impact of the flooding;
	the causes of the flooding, including assessment of the contributory factors suggested by local members of the public;
	the effectiveness and timeliness of flood warnings;
	to what extent the effects of these floods were mitigated as a result of the measures taken to implement the independent report of the Easter 1998 floods; and
	what further lessons can be learned from these floods.

Fishing Licences

Lord Mason of Barnsley: asked Her Majesty's Government:
	How many fishing licences for stillwater trout and salmon have been sold in each year since the introduction of the national fishing licence in 1990.

Baroness Hayman: The national rod fishing licence was introduced in 1992, initially as an all-species licence. The present two-tier licence structure, introduced in 1994, does not include a licence specifically for stillwater trout and salmon.
	Licence sales figures are:
	
		
			 Year (1) Coarse and Trout (1) Migratory Salmonid (1) 
			 1992-93 911,000 
			 1993-94 895,000 
			 1994-95 965,000 37,300 
			 1995-96 966,000 34,900 
			  
			 1996-97 1,137,000 35,300 
			 1997-98 1,164,000 32,800 
			 1998-99 1,111,000 32,500 
			 1999-2000(1) 1,101,000 29,100 
		
	
	(1) 1 April to 31 March.
	(1) The two tiers are: "Coarse and Trout" covers non-migratory trout, char, freshwater fish (coarse fish) and eels. "Migratory Salmonid" covers salmon and migratory trout (sea trout) plus all of the species covered by the coarse and trout licence.
	(1) Provisional.

Fishing Licences

Lord Mason of Barnsley: asked Her Majesty's Government:
	How many offences of fishing without a licence have been committed since the introduction of the national fishing licence in 1990; and how many persons have been charged with such offences.

Baroness Hayman: Figures are not available for the number of offences committed. The following table gives figures for the number of persons found to be fishing without a licence from 1996-97, when the data were first collected, and the number of prosecutions concluded for this offence in each year since the national rod fishing licence was introduced.
	
		
			 Year(1) Number of persons found to be fishing without a licence Number of prosecutions concluded 
			 1992-93 -- 5,646 
			 1993-94 -- 4,600 
			 1994-95 -- 5,076 
			 1995-96 -- 5,868 
			 1996-97 8,500 5,114 
			 1997-98 6,348 4,837 
			 1998-99 5,895 3,715 
			 1999-2000 Data not yet completed 
		
	
	(1)1 April to 31 March.

Chinook Helicopter Accident

Lord Jacobs: asked Her Majesty's Government:
	Regarding the inquiry into the crash of a Chinook helicopter on the Mull of Kintyre in June 1994: (a) who legally represented the deceased pilots, and, if no one, why; (b) what standard of proof was required under Royal Air Force rules, and whether this was higher or lower than in a British criminal court; and (c) if the enquiry were to be re-opened under current rules, whether the deceased pilots could be found guilty of gross negligence, and, if not, why not.

Baroness Symons of Vernham Dean: (a) The relevant procedures for RAF Boards of Inquiry at the time of the accident on the Mull of Kintyre in June 1994 provided no right of representation on behalf of deceased aircrew.
	(b) A RAF Board of Inquiry at that time was primarily intended to identify the cause of an accident and was not directly comparable to a British criminal court. However, where the cause was found to be human error, the board was also required to assess such failings. The RAF Flight Safety Manual (AP3207) stated that the finding of negligence must only be made where there is absolutely no doubt whatsoever.
	(c) One of the conclusions of a review of Board of Inquiry procedures in 1997 was that such inquiries should no longer attribute blame in reporting the causes of accidents. This conclusion has now been put into effect. The terms under which the inquiry may be re-opened, in the event that new evidence came to light which justified that course, would need to be considered at that time.

War Widows Pilgrimage Scheme

Lord Morris of Castle Morris: asked Her Majesty's Government:
	What recent representations they have received to extend the War Widows Pilgrimage Scheme.

Baroness Symons of Vernham Dean: Following a recent approach by The Royal British Legion, we have agreed to an extension of the War Widows Pilgrimage Scheme for a further two years, until 31 March 2003. The Government greatly appreciate the excellent work of The Royal British Legion, which administers this subsidised scheme on our behalf and which, to date, has enabled more than 4,000 widows to visit their husband's grave in many parts of the world.

Cultural Diversity Network

Baroness Anelay of St Johns: asked Her Majesty's Government:
	Further to the Written Answer by Lord McIntosh of Haringey on 17 March (WA 235-236), whether the Cultural Diversity Network has reported to the Secretary of State regarding a specific programme of action to raise the representation of our multicultural society on and behind the television screen; and, if so, whether that report will be published; and
	Further to the Written Answer by Lord McIntosh of Haringey on 17 March (WA 235-236), what steps the Secretary of State has taken to monitor the progress of the Cultural Diversity Network.

Lord McIntosh of Haringey: I understand that the Cultural Diversity Network agreed a number of proposals at its last meeting on 25 May. These are being worked up into a formal action plan and timetable which will then be put to television broadcasters for consideration and agreement. Once finalised, the action plan will be published. The Department for Culture, Media and Sport is represented on the Network and my right honourable friend the Secretary of State for Culture, Media and Sport hopes to meet representatives from the network shortly to review progress.

Channel 5

Lord Lamont of Lerwick: asked Her Majesty's Government:
	Whether they will discuss with the Independent Television Commission whether Channel 5 is fulfilling the obligations on programme standards that it undertook to meet when awarded the franchise.

Lord McIntosh of Haringey: Channel 5's licence includes conditions relating to the provision and content of its broadcast service. Under the terms of the Broadcasting Act 1990, the monitoring of programme services and of licence conditions is solely a matter for the Independent Television Commission, which publishes an annual review of the performance of Channel 3, Channel 4 and Channel 5.

Royal Parks Footpaths and Cycle Tracks: Use by Motor Vehicles

Lord Berkeley: asked Her Majesty's Government:
	What classes of motor vehicle, and for what purposes, are permitted to drive in the London Royal Parks on (a) footpaths; and (b) cycle tracks.

Lord McIntosh of Haringey: Responsibility for the subject of this question has been delegated to the Royal Parks Agency. As its Chief Executive, William Weston, has not yet taken up his appointment, I have asked the agency's Head of Policy, Viviane Robertson, to reply on his behalf.
	Letter to Lord Berkeley from the Head of Policy of the Royal Parks Agency, Viviane Robertson, dated 21 June 2000.
	As the new Chief Executive does not take up his post until 10 July, I have been asked by the Secretary of State for Culture, Media and Sport to reply to your parliamentary Question about vehicles using the footpaths in the Royal Parks, because this is an operational matter for which the agency is responsible.
	The only motor vehicles allowed to use the footpaths in the Royal Parks are those used by park management, the agency's grounds maintenance contractors and the Royal Parks police in the course of carrying out their duties, plus any contractors doing work on behalf of the Royal Parks Agency, provided they have prior written permission. These are also the only vehicles allowed to use cycle routes on footpaths or the closed roads in Richmond Park, which are cycle routes only in the sense that they are routes on which people are allowed to cycle.
	Motor vehicles are not allowed to use the cycle tracks on North Carriage Drive.
	In addition, the agency has agreed with Historic Royal Palaces that, for the time being, service deliveries may use Jubilee Walk in Kensington Gardens to obtain access to Kensington Palace.

NHS Religious Provision

Lord Patel of Blackburn: asked Her Majesty's Government:
	What provision is made in the National Health Service for the practice of non-Christian religions, particularly in areas with considerable non-Christian populations; and how they ensure that all providers of health care make such provision.

Lord Hunt of Kings Heath: The National Health Service takes an all-inclusive approach to the religious and spiritual needs of its patients and staff. NHS trusts have standing guidance in the form of Health Service Guidelines (92)2 Meeting the Spiritual Needs of Patients and Staff, encouraging the NHS to introduce local standards to ensure respect for the religious and cultural beliefs of each patient. In support of this, the NHS should make adequate provision for the spiritual needs of patients and staff. As far as reasonably possible, this provision should recognise the welfare needs of both Christians and non-Christians.
	It is for hospital management to decide what arrangements should be made for co-ordinating the services of those meeting the spiritual needs of patients and staff. In deciding what facilities are appropriate for each group, hospitals should consider issues such as:
	the number of patients in that group;
	the nature of spiritual support and services appropriate to that belief; and
	local administrative and management arrangements.
	Local administrative and religious organisations should be consulted, if necessary, to advise on these issues.

Merrywood School, Bristol

Lord Cocks of Hartcliffe: asked Her Majesty's Government:
	Whether the proposed closure of Merrywood School, Knowle West, Bristol, will improve the equality of educational opportunities for the children of Knowle West.

Baroness Blackstone: In reaching his decision on the closure of Merrywood School, my right honourable friend the Secretary of State for Education and Employment was satisfied that approval would benefit pupils educationally. As the noble Lord is aware, the Secretary of State's decision was based on a number of factors, not least the poor educational opportunities the school offered its pupils. It is, I believe, relevant that Merrywood has been in special measures since April 1997 with very little evidence of any significant improvement in standards. The small number of pupils displaced by the school's closure will be likely to benefit by accessing a better standard of education if they attend alternative schools.
	the noble Lord will also be interested to hear that Bristol is included in the second phase of Excellence in Cities, which targets inner city under-achievement, and pupils from the area currently served by the school will be able to benefit from this programme. Finally, Bristol City Council has agreed to take forward plans to develop an education park based on the Merrywood site. It is intended that this park will provide lifelong learning activities and, in partnership with local schools, offer study support opportunities for local children.

A-level Grades A and B at Independent and Grammar Schools

Lord Pilkington of Oxenford: asked Her Majesty's Government:
	What proportion of A-level grades A or B were gained by pupils at independent schools in the most recent year for which figures are available; and
	What proportion of A-level grades A and B were gained by pupils in the remaining state grammar schools in the most recent year for which figures are available.

Baroness Blackstone: The proportion of all GCE A-level grades A and B gained by 17 year-old pupils that were achieved at independent schools was 25 per cent for 1998-99. The proportion of all GCE A-level grades A and B gained by 17 year-old pupils that were achieved in the remaining state grammar schools was 13 per cent for 1998-99.

Departmental Cars

Lord Hoyle: asked Her Majesty's Government:
	Further to the Written Answer by Lord Falconer of Thoroton on 8 June (WA 173), what type and make of cars are used by the Department for Education and Employment.

Baroness Blackstone: The DfEE, including the Employment Service, operates 543 cars and 22 light commercial vehicles. Further details are set out in the following table. The department occasionally uses cars provided by the Government Car and Despatch Agency. These are not included in the figures.
	
		
			 Make Cars Vans Total 
			 Citroen 6 4 10 
			 Fiat 4 1 5 
			 Ford 19 9 28 
			 Mercedes 0 3 3 
			 Nissan 2 0 2 
			 Peugeot 36 1 37 
			 Renault 5 2 7 
			 Rover 6 0 6 
			 Vauxhall 465 1 466 
			 Volkswagen 0 1 1 
			  
			 Total 543 22 565

Departmental Cars

Lord Hoyle: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Falconer of Thoroton on 8 June (WA 173), what type and make of cars are used by the Department for International Development.

Baroness Amos: The Department for International Development uses three cars from the Government Car and Despatch Agency. These are a Vauxhall Omega, a Vauxhall Vectra and a Ford Mondeo.

Departmental Cars

Lord Hoyle: asked Her Majesty's Government:
	Further to the Written Answer by Lord Falconer of Thoroton on 8 June, what type and make of cars are used by the Department of Trade and Industry.

Lord McIntosh of Haringey: Other than hire cars, the following makes and models are used:
	Rover Sterling
	Rover 400
	Ford Mondeo
	Ford Escort
	Vauxhall Astra
	Vauxhall Vectra
	Nissan Primera
	Fiat Cinquecento
	Fiat Brava
	Peugeot 206
	Citroen Xantia

Winter Fuel Payments: Birth Certificates

Earl Russell: asked Her Majesty's Government:
	Why only original birth certificates are acceptable with claims for winter fuel payments; and
	Whether those whose original birth certificates have disintegrated through the passage of time, fire, flood or other accident are capable of qualifying for a winter fuel payment; and, if so, how; and
	Whether clinically certified sufferers from Alzheimer's disease and other impairments of memory, who cannot remember where they have put their original birth certificate, can qualify for winter fuel payments; and, if so, how; and
	Whether naturalised British subjects who are former refugees, whose original birth certificates are either in countries to which they cannot have safe access, or were destroyed by war or civil commotion, are capable of qualifying for winter fuel payments; and, if so, how; and
	How many applications for winter fuel payments have so far been refused for the lack of an original birth certificate; and
	In what percentage of the cases in which a winter fuel payment has been refused for lack of an original birth certificate, prosecutions for fraud have been brought or are under consideration; and
	What saving has so been achieved through the denial of winter fuel payments to those who have produced an original birth certicate; and what saving over a full year has been budgeted for such refusals; and
	What is their legal authority for accepting only original birth certificates with applications for winter fuel payments and refusing to accept certified copies.

Baroness Hollis of Heigham: There are two main criteria that are applied to determine eligibility for a winter fuel payment.
	First, the person must be aged 60 or more in the relevant qualifying week and second, the person must be ordinarily resident in Great Britain. Adequate proof of age is therefore essential to ensuring that public money is being properly spent.
	Birth certificates, as certified copies of entries made by law concerning the date of birth of an individual, are the most effective means of verifying birth dates with regard to winter fuel payment claims. They are classed as primary evidence. However, a photocopy of a birth certificate can be accepted if it has been issued and endorsed by the appropriate authority, or has been notarised and stamped by any one of the following:
	an established civil servant;
	a member of the Foreign Service of the United Kingdom, Her Majesty's Overseas Civil Service, or a British Diplomatic or Consular Officer;
	a doctor or surgeon registered under the law of the country where the event occurred;
	a minister of religion;
	a barrister, solicitor or advocate who is authorised to practise in the country where the event occured;
	a notary public* or any other person allowed to administer oaths in the country where the declaration is made.
	a magistrate;
	an officer of a bank who is authorised to sign documents on its behalf.
	If, for whatever reason, it is not possible for someone who wishes to claim a winter fuel payment to locate their birth certificate, or if they do not possess one, then the department would ask for two pieces of secondary evidence. Secondary evidence includes items within the list below, which is not exhaustive:
	a passport;
	a certificate of baptism;
	a certificate of confirmation;
	a certificate of marriage;
	a certificate of adoption;
	a National Health Service medical card;
	a certificate of naturalisation, alien's registration card, Home Office travel document;
	a certificate of service in HM forces;
	a certificate of employment under the Crown;
	a certificate of service in the mercantile marine;
	a certificate of membership of a trade union or friendly society;
	apprenticeship indentures;
	an early certificate or testimonial from an employer;
	life insurance policy;
	membership cards or papers of an approved society or unemployment insurance.
	A claim to a winter fuel payment would not be refused on the basis of it not being accompanied by an original birth certificate. There are therefore no budgeting savings. There is also no question of any fraud investigation or prosecution being instigated because someone fails to provide such evidence. *A notary public (or notary) is a public official, usually a solicitor, whom the law allows to certify documents.